RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      19 October 2005
      DOCKET NUMBER:  AR20050003998


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Hubert O. Fry                 |     |Member               |
|     |Mr. Robert Rogers                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, promotion consideration to colonel
by a Reserve Components Selection Board (RCSB).

2.  The applicant states that he is a Reserve commissioned officer on the
active duty list (ADL) since his recall for Operation Desert Shield.
Although he has been promoted to lieutenant colonel, he was neither granted
Regular Army status nor been considered for promotion to colonel as a
Reserve officer.  He noticed the disparity with which many Reserve officers
with less achievement, quality, experience, preparation, and credentials,
have been promoted to colonel in the United States Army Reserve (USAR),
with concurrent call to active duty or are promoted on the ADL shortly
after the recall action.  He has only learned within the last 3 months
while going through a Medical Evaluation Board/Physical Evaluation Board
process that he was not simply a Reserve officer on the ADL but a USAR
officer on active duty.  He believes that given his extensive operational
deployment experience and extensive experience in the field, had he been
considered with his peers in the Reserve components, he would have been
promoted to colonel, Medical Corps (MC).

3.  The applicant provides his officer record brief.  His original
appointment order, oath of office, and recall orders were not provided, as
stated, with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the USAR, MC,
as a captain effective 17 April 1987, with 7 years constructive service
credit, with prior enlisted service.

2.  He was ordered to active duty as an obligated volunteer officer for 2
years effective 8 July 1987.  His request for extension of his current tour
of active service was approved on 17 April 1990.  The expiration of his
current service agreement was changed from 8 July 1989 to 8 July 1990.

3.  He was released from active duty effective 9 July 1990 and assigned to
the USAR Control Group (Reinforcement).

4.  He was ordered to active duty as an obligated volunteer officer for 2
years effective 8 January 1991.

5.  He was selected for promotion to lieutenant colonel on the ADL and
promoted effective 6 October 1996.
6.  He was considered and not selected for promotion to colonel by the
Fiscal Year (FY) 2001, FY 2002, FY 2003, and FY 2004 Colonel, MC Promotion
Selection Boards.

7.  In an advisory opinion, dated 11 May 2005, the Chief, Promotions
Branch, Office of Promotions, Reserve Components, Human Resources Command
(HRC) – St. Louis, Missouri, stated that based on the information contained
in the applicant's application and other available information, it appears
that the applicant is a Reservist on extended active duty and his name is
on the ADL.  Only those officers whose names are on the Reserve Active
Status List (RASL) are considered for promotion by a RSCB; therefore, his
application should be referred to HRC- Alexandria, Virginia, for action.

8.  In an advisory opinion, dated 4 August 2005, the Deputy Chief,
Promotions Branch, HRC – Alexandria, stated that the applicant is a Reserve
officer on active duty; he is therefore, not eligible for any Reserve
promotion boards.  The applicant was considered by the active duty
promotion selection board and not selected by the FY 2001, FY 2002, FY
2003, and FY 2004 Colonel, MC, Promotion Selection Boards.  Based on this
information, it was recommended the applicant's request be denied.

9.  The advisory opinion was forwarded to the applicant for acknowledgment
and possible rebuttal on 11 August 2005.  In his rebuttal dated, 2
September 2005, the applicant stated that he was appointed a Reserve
commissioned officer with concurrent active duty in 1987 with an initial 3-
year tour after which he was released from active duty and assigned to the
USAR.  He was voluntarily recalled to active duty as a Reserve officer in
support of Operation Desert Storm.  He has for some reason, perhaps an
administrative error at the Army Reserve Personnel Command or the Total
Army Personnel Command, been retained on active duty as a Reserve officer
and while remaining a non-regular Army officer.  He provided copies of his
Membership in the USAR memorandum, his DA Form 1380 (Record of Individual
Performance of Reserve Duty Training), his DA Form 3575 (Certificate of
Acknowledgement and Understanding of Service Requirements for Individuals
Applying for Appointment in the USAR Under the Provisions of Army
Regulation 135-100 or Army Regulation 135-101), his Statement of Waiver of
Age Requirement for Officers Appointed in the Reserve of the Army, with
Active Duty, If Appointed On Or After Their 40th Birthday, and his
Extension Beyond Mandatory Removal Date Request memorandum, in support of
his rebuttal.


10.  Army Regulation 135-155 prescribes the policies and procedures for
promotion of Reserve officers on the RASL.  This regulation specifies that
selection boards for promotion to colonel will be convened at the
discretion of the Secretary of the Army.  They will considerer USAR
officers, in all competitive categories, who are in an active Reserve
status no later than the date a respective RCSB convenes to be considered
by that RCSB for a Reserve promotion.  The regulation also specifies that
officers on the active duty list (ADL) will not be considered.  The Chief,
Office of Promotions, HRC – St. Louis, is the managing authority for
promotion of all officers on the RASL.

11.  Army Regulation 600-8-29 prescribes the policies and procedures for
promotion of Regular Army officers.  This regulation specifies that to be
considered for promotion by a selection board, an officer must be on the
ADL on the day the board convenes.  The Chief, Office of Promotions, HRC –
Alexandria, is the managing authority for promotion of all officers on the
ADL.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant is not entitled to promotion
consideration to colonel by a RCSB.

2.  The applicant's contentions have been noted; however, the applicant was
a Reserve officer on the ADL when he was considered and not selected for
promotion to colonel.  The applicant, as a Reserve officer, was ordered to
active duty in 1991 and has continued to serve on the ADL; therefore, he is
not eligible for consideration for promotion to colonel by a RCSB because
of his status.  The applicant is no longer managed for promotion under the
Reserve system.

3.  In view of the foregoing, there is no basis for granting the
applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_HOF____  __RR___  _BJE____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                       _  Barbara J. Ellis_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050003998                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/19                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.01                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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